Casiano v. Smalls

Background

Anthony Casiano, who was incarcerated, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against government officials for violating constitutional rights. He alleged that defendants violated his constitutional rights while he was detained by the New York City Department of Correction. The court had previously allowed him to proceed without prepaying the filing fee, subject to the rule that prisoners generally remain responsible for the full filing fee.

At an initial pretrial conference, Casiano told the court that several defendants in his amended complaint had not been served. The court reviewed the amended complaint under the Prison Litigation Reform Act, which requires courts to screen prisoner complaints and dismiss claims that are frivolous, malicious, insufficiently pleaded, seek relief from an immune defendant, or otherwise fall within the statute’s listed grounds for dismissal.

Rulings on the Department of Correction and Warden Smalls

The court stated that Casiano’s claims against the Department of Correction remained dismissed for the reasons given in its July 12, 2019 order. The opinion does not repeat those reasons.

The court also stated that Casiano’s claims against Warden Kisa Smalls remained dismissed. It held that the amended complaint did not allege facts showing how Smalls was personally involved in the events underlying Casiano’s claims. The court dismissed those claims for failure to state a claim on which relief could be granted.

Service on Other Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of the order. It requested that Captain Theagere, Correctional Officer M.H. Form, and Correctional Officer Foots waive service of summons. A request that defendants waive service is a step for delivering the lawsuit; it is not a ruling on the merits of Casiano’s claims against them.

Unnamed Defendant

Casiano identified a John Doe correctional officer involved in the January 23, 2019 incident but did not know that officer’s identity. The court directed the New York City Law Department to determine the officer’s identity, badge number, and address for service, and to provide that information to Casiano and the court within 60 days.

Within 30 days after receiving the information, Casiano must file a second amended complaint naming the John Doe defendant. The court explained that the second amended complaint would replace, rather than supplement, the existing amended complaint. The court would then screen the new pleading and, if necessary, issue another service order.

Other Disposition

The court certified that an appeal would not be taken in good faith and denied Casiano permission to proceed without prepaying fees for an appeal. The order also directed the Clerk to mail Casiano a copy of the order, an information package, and a second amended complaint form.

Bottom line

Judge Katherine Polk Failla dismissed the claims against the Department of Correction and Warden Smalls, requested service waivers for Captain Theagere, Correctional Officer M.H. Form, and Correctional Officer Foots, and ordered identification of the John Doe officer. The opinion does not state a final merits ruling on the claims for which service steps were ordered.